Napier v. State

Full title: BOBBY J. NAPIER, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Apr 1, 1998

707 So. 2d 425 (Fla. Dist. Ct. App. 1998)

Opinion

Case No. 97-4146.

Opinion filed April 1, 1998. JANUARY TERM 1998.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; John L. Phillips, Judge; L.T. Case No. 94-3817CFB02.

Bobby J. Napier, Blountstown, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Appellant's rule 3.850 motion that his trial counsel was ineffective for failing to advise him of the amount of time he would serve in connection with his plea of guilty is legally insufficient, because appellant has not alleged that he would not have entered the plea had he been properly informed.See Roldan v. State, 695 So.2d 864 (Fla. 4th DCA 1997); and Hill v. Lockhart, 474 U.S. 52 (1985).

AFFIRMED.

WARNER, KLEIN and GROSS, JJ., concur.